1. After obtaining the invention patent of smart phone display screen, Company A licensed the technology to Company B in the form of exclusive license in Chinese mainland. After paying the patent fee and selling the patented mobile phone, Company B found that Company C promoted the mobile phone with the same patented technology on the local TV station, and immediately notified Company A to sue Company C. After the court accepted the infringement dispute, Company C requested to declare the patent invalid during the defense period. Which of the following statements is false? (20 15/ 3 /63)
A. The patent right obtained by Company B is a creditor's right, so it is impossible to directly sue Company C without notifying Company A..
B. Before the patent was declared invalid, Company C violated the right to sell the patent.
C. If the patent is invalid, the patent licensing contract is invalid, and Company A shall return the royalties.
D. the court should suspend the trial of patent infringement cases.
Reference answer
1. The patent of the testing center was declared invalid; The rights of the patentee (licensing right); patent infringement
Answer ABCD. Analysis: In the exclusive license implementation contract, the licensee has an independent litigation status and can directly sue the infringer without the consent of the patentee. Wrong a, elected.
According to Article 11 of the Patent Law, the patentee has the right to promise to sell, and may prohibit others from displaying the patented product in the window or advertising the patented product. In this topic, the behavior of company C is only an advertising behavior, which does not constitute a sales behavior, so its behavior violates the promised sales right rather than the sales right. Wrong b, elected.
According to the second paragraph of Article 47 of the Patent Law, after a patent is declared invalid, the patent licensing contract that has been performed is not retroactive. Error c, elected.
According to Article 11 of the Provisions on the Handling of Patent Disputes, if the defendant requests to declare the patent invalid during the defense period in the trial of the invention patent infringement dispute case, the court may not suspend the lawsuit. D wrong, elected.
So choose ABCD for this question.